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[Savannah-users] question concerning custom licenses


From: Bryon Jacob
Subject: [Savannah-users] question concerning custom licenses
Date: Tue, 26 Aug 2008 23:21:44 -0500

I have a need to create a "fork" of a (Free Software) project that I've been using as a dependency for my other (Free Software) project, because the project has been abandoned by its previous owner, and I need to fix some bugs that I've discovered in the dependency. I am looking for a place to host this forked project, and I'm wondering if Savannah is a viable alternative for me.

My issue is this -- the original library that I am forking does not use any of the "standard" Free/OS licenses (GPL, ASL, etc.), it uses it's own very simple license:

------------------------------------------------------------------------------------------------
XXXXXXXX Copying Conditions

Copyright (c) XXXX-XXXX XXXXXXXX
All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. * Neither the name of the XXXXXXXX nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
------------------------------------------------------------------------------------------------

I am not the copyright holder of this work, so (as far as I understand) I do not have the right to redistribute my modified copy of the work under any other license but this one. Most project hosting sites seem to force (or at least strongly prefer) that I choose from one of the "standard" licenses, but I don't know whether I am free to do so. My questions for this group, if there's anyone who can answer them, is:

1) Does the above license allow me to distribute a "derivative work" under some other license (GPL, LGPL, ASL) as long as I keep this statement intact, too? Is there any way short of me hiring a lawyer to determine whether this license is compatible with any of the standard license or not? 2) If I am NOT free to redistribute my modified copy under some other compatible license, would Savannah be willing to host a project licensed under the terms above (assuming I met the other criteria, of course)? Savannah is one of the few Free project hosting sites I've found that does not seem to have a hard requirement that a license come from a fixed list of blessed licenses...

I know that I can redistribute my changed code under the copyright holder's existing license - but that "custom" license is keeping me off of most of the free project hosting sites, and I would like to avoid the expense and hassle of creating a one-off Subversion repo and site to host this relatively simple project.

any advice would be greatly appreciated - thanks!

 - Bryon




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